Legal Question in Criminal Law in Wisconsin

posession of THC and paraphenalia

On his way to a funeral out of town, my husband was pulled over for speeding. The cop searched his car and found two marijuana joints, two pipes and a small amount of weed. He says not even $20 worth. He was arrested. He was told that, unless he becomes a narc for the police, he will be charged with a felony. The police said it was a felony because he was caught once before for posession and had to pay a $50 fine. He was allowed to leave on $60 bond to get to his destination. He was told he must call the officer Monday morning or there will be a warrant out for his arrest. We are wondering, if he can be charged with a felony or if they are just trying to scare him? He does not want to become a narc because he is afraid it could put his life or our family in danger. He wants to know what could possibly happen when he calls this man on Monday and tells him he will not be a narc. Will he have to go to jail, be put on probation, pay a fine?


Asked on 9/24/08, 9:55 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

2nd Offense Felony Possession of THC and Paraphernalia

Your husband needs an experienced criminal lawyer as soon as possible. The lawyer might be able to knock out the old conviction and return this case to a misdemeanor if the old conviction was obtained in violation of your husband's rights. Additionally, a lawyer might be able to challenge the search if this was nothing more than a routine traffic stop. Officers have a duty to promptly release anyone so stopped if there are no other suspicious circumstances. The vehicle search may therefore violate your husband's constitutional rights, meaning that the evidence against your husband would be suppressed and all charges thrown out.

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Answered on 9/29/08, 11:08 am


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